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Rajmbal Ammal Vs. Appasami - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in97Ind.Cas.936
AppellantRajmbal Ammal
RespondentAppasami
Cases ReferredManickam Pillai v. Mahudum Bathummal
Excerpt:
c.p.c. (act v of 1008), section 115, order ix, rule 13 - ex parte decree--power of court to set aside for grounds other than those mentioned, in code--proper grounds alleged but not considered by court--revision--remand. - .....set aside the ex parte' decree on grounds other than those mentioned in order ix rule 13. see gadi neelaveni v. mavappareddigari narayana reddi 53 ind. cas. 817 : 43 m. 94 : 37 m.l.j 599 : 26 m.l.t. 377 : 10 l.w. 606 : (1020) m.w.n. 19. a ground of the kind referred to in order ix, rule 13 is alleged by the petitioner in the court below but not considered by the district munsif. it must now be taken that the 4th defendant did not appear on 20th february, 1925 [vide manickam pillai v. mahudum bathummal : air1925mad21 ]. the district munsif must consider the question whether he was prevented by a sufficient cause from appearing on that day.2. the order of the district munsif is set aside and the case remanded for disposal in the light of the above observations.3. the costs will abide.....
Judgment:

Ramesam, J.

1. The District Munsif cannot set aside the ex parte' decree on grounds other than those mentioned in Order IX Rule 13. See Gadi Neelaveni v. Mavappareddigari Narayana Reddi 53 Ind. Cas. 817 : 43 M. 94 : 37 M.L.J 599 : 26 M.L.T. 377 : 10 L.W. 606 : (1020) M.W.N. 19. A ground of the kind referred to in Order IX, Rule 13 is alleged by the petitioner in the Court below but not considered by the District Munsif. It must now be taken that the 4th defendant did not appear on 20th February, 1925 [vide Manickam Pillai v. Mahudum Bathummal : AIR1925Mad21 ]. The District Munsif must consider the question whether he was prevented by a sufficient cause from appearing on that day.

2. The order of the District Munsif is set aside and the case remanded for disposal in the light of the above observations.

3. The costs will abide the result.


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